*by Peter Schramm, expert and Johannes Fiala, lawyer Two decisions from 2005 will massively change the contracts of life insurers and the settlement practice in the future in favour of consumers: These are the BGH rulings of 12.10.2005 (Ref. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with its decision of 26.07.2005 (Ref. 1 […]
by Johannes Fiala, lawyer; Kristina Starck, lawyer; Klaus Werht, Dr rer pol Privatdozent at the Department of Economics at the University of Hamburg I. Typical situation The investor is regularly approached by a contact person with the aim of clarifying whether there is a general interest in saving taxes or in acquiring a property with […]
– Why the capital market with compound interest effect does not allow us to expect higher pensions – For years, insiders have been reporting difficulties in the pension funds in generating the promised returns to finance pensions. While the management of a Versorgungskammer used to pat themselves on the back year after year because […]
– When structures for asset protection and succession planning are ineffective – Banks and insurance companies, as well as financial advisors from Germany and abroad, are praising foreign camouflage constructions via prospectuses and appraisals. This should make it practically possible for assets of 100,000 euros or more to constitute a secure succession arrangement by circumventing […]
More favourable occupational pensions without the Occupational Pensions Act (BetrAVG) -How employers can free themselves from the constraining corset of the BetrAVG Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in […]
The implementation of the Directive EU 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution, i.e. the Insurance Distribution Directive (IDD) by Section 43c of the German Insurance Supervision Act (VAG), leads to financial risks for insurers (VR) and insurance brokers (VM). The insurer may be allowed to […]
Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo imposed by the Russian Tsar on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and was […]
In the second part on sanctions and their effects, attorney Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm present further cases – from the Russian sanctions via Cuba and Turkey to the acquisition of real estate by terrorists. Anti-terrorism lists or ordinances could also be (or are they) null and void? Regulations 881/2002 […]
The IDD change in the law enables the granting of discounts for insurance and sales control according to the type of landlord. Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain why brokers must obviously be controlled by insurers. According to the “Draft Law on the Implementation of Directive (EU) 2016/97 of the European […]
Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via the collective bargaining parties as the sponsors of the occupational pension (“Nahles pension”). On the […]
